The Supreme Court of India considered a dispute between two public sector enterprises, GAIL and IPCL, over transportation charges imposed by GAIL on IPCL. IPCL challenged the validity of the clauses in the contract through a writ petition, claiming that the clauses were discriminatory and unfair. The court held that the writ petition was maintainable as the dispute had a public element and writ jurisdiction can be exercised when the state, even in its contractual dealings, fails to practice fairness or discrimination. The court also held that the High Court could have invalidated the clauses and granted monetary relief in the form of a refund.

GAIL vs IPCL decided by the Supreme Court of India on Feb 8, 2023.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.